420 BOARD OF AGRICULTURE. [Pub. Doc. 



clause of the statute, claiming that this means that the basis of 

 valuation for such payment is the value of the animal as she 

 would be had she never suffered from the disease. Take, for 

 example, the case of a tuberculous cow which has been suIj- 

 ject to the disease for years, whose tissues have been destroyed 

 by it, which has become a bad cougher, has ceased to yield 

 milk to any great amount, is so thin as to be practically vahie- 

 less for beef purposes, which in fact is in the last stages of the 

 disease, and is what is known as a "frame," — such an animal 

 in the market, for milk or beef purposes, if the disease was not 

 known, would bring possibly live to seven dollars ; whereas, if 

 we are to assume as a basis of valuation for payment by the 

 State that not only the actual existence of the disease at the 

 time of slaughter is to be disregarded, but also the effects pro- 

 duced upon the animal itself because of its having been long a 

 subject to it, the animal would be valued at forty or fifty 

 dollars, because, had she never had the disease, she would be a 

 good, fat cow. The commission feel that this latter is not 

 the fair construction to be placed upon this act, or the wise 

 policy to be pursued where compensation is to be paid upon a 

 health basis ; and they therefore recommend, if this section is 

 to be construed to mean that the State is to pay for the animal 

 as though it had never been diseased, that it be so amended as 

 to limit it so that the valuation to the State shall not be differ- 

 ent from that of the animal in the open market. 



We have thus briefly stated the provisions of the law of 1894 

 under which this Board has acted since June 20, and the prac- 

 tical construction placed upon the act by this Board in its appli- 

 cation to the work which it has been conductino; since that time. 



The matter of the payment by the State to the owners of ani- 

 mals destroyed, on a basis of health, is so new to the law of 

 this State, and, on account of the great increase in the destruc- 

 tion of animals and the different class of animals which are 

 reached through the tuberculin test, is so important, this com- 

 mission feel that your honorable body should carefully consider 

 the matter of this payment, and determine, in view of this com- 

 plete change of conditions, the question of what payment should 

 be made to the owners of animals destroyed as best for the 

 interest, not only of such owners, but for all of the citizens of 

 the Commonwealth. This matter has been given considerable 



